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The court set aside default judgments against two self-represented defendants, finding their delay understandable and relief justified while the pleading was still defective.
Assessment of special costs arising from a joinder application. The registrar reduced the fees claimed and awarded Marti Katerberg $60,000 plus taxes, plus disbursements and assessment costs.
The court held that proposed defendants must be served with notice of an application to add them as parties; the matter was adjourned generally for failure of service.
The court set aside an earlier order adding Patricia Nielsen as a further third party, noting the matter was close to trial and an immediate decision was needed.
The court upheld the joinder of Dr. Edward Gofton in a medical negligence action, finding the amended pleadings stated a potential claim and joinder was just and convenient.
The court awarded costs to a proposed defendant who successfully resisted joinder, but ordered those costs payable at the end of the proceeding.
The Court dismissed the appeal, agreeing with the trial judge that Be There Promotions 2006 and John Tasikas are not necessary and proper parties because the appellant does not claim an interest in Be There but only seeks a monetary equalization payment; therefore joinder of those parties was unnecessary.
Source excerpt
Truemner is not a necessary party under rule 5.03 because the claim against the former articling student does not implicate her rights and her evidence, if any, would relate only to quantification which is insufficient to justify joinder.
Source excerpt
Application for leave to appeal dismissed. The Court held the chambers judge’s key reason was failure to join and serve CIC, while residual-discretion comments were obiter.
The court dismissed an application to join additional doctors in a medical negligence action, holding the pleadings were too general to show a viable cause of action.
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